A pour-over will could accommodate certain assets, including:

  • Real estate
  • Motor vehicles
  • Investment accounts
  • Retirement savings accounts

Pour-Over Wills and Probate

Similar to conventional wills, a pour-over will nominates an executor to settle the estate’s affairs. Under ordinary circumstances, the executor would be responsible for a wide range of tasks: collecting the estate’s assets, paying its debts, and distributing inheritances. However, the executor of a pour-over will has but one responsibility, which is to transfer the estate’s remaining non-trust assets into the decedent’s established trust.

While some pour-over assets might be subject to probate, they can ordinarily pass directly to the trust with minimal court oversight, sparing the decedent’s loved ones the rigors of a full and formal succession.


Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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